People v. Thornton CA2/3

Filed 10/16/20 P. v. Thornton CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B300720

Plaintiff and Respondent, Los Angeles County Super. Ct. No. NA111401 v.

KHALIL THORNTON,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

INTRODUCTION

Defendant Khalil Thornton pled no contest to assault with a deadly weapon. The trial court suspended imposition of sentence and placed him on three years’ formal probation. Defendant appeals from the probation order. We affirm.

BACKGROUND

Per the probation report, on March 2, 2019, defendant stole a can of soda from Vera’s Meat Market. Defendant also threw a can of beer at Janet Valenzuela and nearly hit her. Valenzuela told the responding officers she was in fear for her safety and the life of her unborn child. After defendant left the store without paying for the soda, Alberto Perez chased after him. Defendant responded by charging towards Perez and tried to hit Perez with the can of soda. Defendant was arrested and transported to the Long Beach Police Station. By felony complaint filed on March 5, 2019, defendant was charged with robbery (Pen. Code,1 § 211), and two counts of assault with a deadly weapon, the beer and soda cans. (§ 245, subd. (a)(1).) The complaint alleged that these offenses were serious felonies under section 1192.7, subdivision (c). On March 13, 2019, defense counsel declared a doubt as to defendant’s mental competence and criminal proceedings were suspended under section 1368. On June 5, 2019, the court found, based on a report submitted by Dr. Donald Brown, that defendant was competent to stand trial. Accordingly, the court reinstated criminal proceedings.